Is it Legal to use Radar Detectors
Mark Majesci of Muncie, Indiana asks :
Is it legal to use radar detector in your vehicle in the US? I guess that they must be legal since they sell them in store and online. What about radar jammers as well ?
Mark,
In the United States, laws concerning use of radar detectors vary from state to state but radar detectors are generally legal in private motor vehicles under the Communications Act of 1934 and illegal in commercial vehicles by DOT regulation (49 CFR 392.71).
The use of a radar detector in private motor vehicle is illegal in Washington D.C. and Virginia and radar detectors are illegal in commercial vehicles under state law in Illinois, New York, New Jersey. Prohibitions exist for affixing items such as a radar detector to windshield (obstructing vision) in Minnesota and California.
Radar detectors are also not permitted to be used on U.S. military bases. Anybody entering a U.S. military installation with a radar detector visibly mounted inside the vehicle will be asked to remove the radar detector and put it away. Any motorist who refuses to comply with the request will be denied entry to the installation at that time.
Unlike radar detectors, radar jammers are illegal under federal law, however, as of yet, laser jammers aren't specifically banned although some states, such as Minnesota, have specific laws banning laser jammers.
Is it Legal to Cut Branches of a Neighbors Tree
Jim Krenshaw of Hollywood, Florida asks :
My neighbor has a very large mango tree with many big branches hanging over the fence into my yard. Is it legal for me to cut the branches of the tree that hang over my property? Would it also be legal for me to to take any mangoes that hang over my property on those branches?
Jim,
The best advice to you is to go and talk with your neighbor. As the poet Robert Frost conceived in the poem "Mending Wall", most neighbor disputes are easily settled by simply talking to your neighbor.
However, not all neighbors are responsible people (particularly if your neighbors are renters) and should legal issues arise, this scenario falls into basic legal premise.
The branches intruding into your yard, for maintainence purposes are your responsibility unless they cause damage to your property, which responsibility might fall on your neighbor.
The main point is that property disputes involving trees, foliage or other landscaping issues should be resolved between you and the neighbor in question.
It's so much easier and less costly to resolve potential issues with a neighbor through conversation than with litigation.
As for those mangoes hanging over you're property, you have every right to pick them.
What type of lawyer do I need?
Dianne Sequalia of White Plains, New York asks :
Here is my situation requiring attention... My parents took out a mortgage several years ago to get a house built but in order for them to get the loan approved, my brother had to be listed due to my parents retirement income not being enough to secure the loan. Now my brother is married and moved out a long time ago. My parents recently got a settlement from an accident and the house is paid off.
My parents wish to leave the house to me when they pass and they want to put my name on the title to the house and take my brother's name off. The problem is they dont know if he has to sign off on the title or if they can just take him off without him signature. My parents are guessing that he wont sign off unless money is involved.
So they asked me to do some research to find out what kind of lawyer we need and what happens if my brother refuses to sign off? How will I be able to have full ownership of the house without my brother involved when they pass?
Dianne,
In almost all cases involving dual parties on a title, your brother will be required to sign off a title transfer. The only scenario I can think of that would not require him to do so would be if he is deceased, which would more than likely require his heir or estate executor to release the title to you.
In any case, you will be dealing with a Real Estate Lawyer who will assist you and your family in all matters regarding the title to the house in question.
Additionally, should the situation in your family be questionable, you should urge you parents to seek the counsel of an Estate Planning Lawyer to make sure their last wishes are legally in place.